The proposed Constitution Amendment Bill 2026 could allow Parliament’s term to be extended by up to 12 months during a state of emergency and permit restrictions on key civil liberties.
This, according to Social Democratic Liberal Party Leader Aseri Radrodro.
Radrodro is calling on the Special Parliamentary Select Committee and Cabinet to reconsider Sections 201 and 202 of the draft Bill, arguing that emergency powers must not compromise the public’s right to elect its representatives or weaken fundamental freedoms.
Section 201(3) and (4) would allow the President, acting on Cabinet’s advice, to extend the term of the House of Representatives by up to 12 months if a state of emergency is declared when Parliament is due to expire.
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Radrodro says the proposed provision differs from the 2013 Constitution, which did not provide for such an extension of Parliament’s term during an emergency.
He says the term of Parliament should remain fixed and general elections should proceed as scheduled, regardless of an emergency declaration.
SODELPA is also raising concerns about Section 202, which would allow laws enacted during a state of emergency to limit certain rights under Chapter Two of the proposed Constitution.
These include freedom of expression and publication, peaceful assembly, association, movement, privacy and access to information.
Radrodro said broad emergency powers could be used to restrict political activities, public scrutiny and peaceful gatherings.
SODELPA is recommending that Sections 201(3) and 201(4) be removed. It also wants freedom of speech, assembly and movement explicitly protected from suspension or limitation during a state of emergency.
Radrodro states the party remains committed to protecting the rights of all Fijians and wants the constitutional review process to be
transparent.
He adds that the public must receive the information needed to make informed decisions about the country’s constitutional future, urging
the government to proceed cautiously to avoid unnecessary instability.